Refuse a Subpoena to Testify

• A subpoena is a written order that is used by the court to command an individual to give sworn testimony in a legal matter. Subpoenas are not requests, but are in fact orders to appear. Failure to comply with a subpoena to testify as a witness in a criminal or civil matter is considered a criminal offense and may be cause for the court to issue monetary fines or a warrant for the recipient's arrest. The only exception to this rule is if, through clear and convincing evidence to the court, the recipient of a subpoena is able to prove that her testimony is not relevant to the hearing or that she is physically or mentally unfit to testify.
  
  

Manipulate the Truth

• Before a witness to a civil or criminal matter is permitted to give testimony, he is first sworn in before the court and takes an oath to tell the truth. Lying or manipulating the truth for personal gain or to favor one side or another in the matter while under oath is called perjury and is a crime. Penalties for perjury may vary from monetary fines, to community service and may even include jail time.
  
  

Accept Unlawful Payment

• Other than paid experts in a particular field who are hired by counsel to testify in a civil or criminal matter, no witnesses may accept payment or gifts in exchange for their testimony. Knowingly accepting money or gifts either directly or indirectly in exchange for testimony in a legal matter may be considered bribery and is strictly prohibited by the court. A potential witness in a legal matter who is offered money or gifts in exchange for his testimony must report the offer immediately to the court in order to stay in compliance with court rules and regulations.
  
  

Discuss Your Testimony

• All testimony given during the course of a civil or criminal matter is considered privileged and may only be discussed at the court's discretion. Discussing your testimony with anyone outside the court after being instructed not to do so is considered a violation of the court's order and may lead to monetary or criminal sanctions by the court. The only exception to this rule is the discussion of issues pertinent to your testimony through appropriate counsel.